1. How long does it take to apply for a patent?
1. Apply for a patent The processing time is:
(1) If you apply for an invention, it usually takes about three years because it requires eighteen months of preliminary examination and three years of substantive review. Review;
(2) If you apply for a design patent or utility model patent, it generally takes eighteen months because only eighteen months of preliminary review.
2. Legal basis: "Patent Law of the People's Republic of China"
Article 26,Application For invention or utility model patents, documents such as a request, description and abstract, and claims must be submitted.
Article 34: After the patent administration department of the State Council receives an invention patent application , if it is determined through preliminary examination that it meets the requirements of this Law, it will be announced immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
2. What are the precautions for patent application
1. A patent literature search should be conducted to determine whether the invention meets the three basic conditions for patentability. At this time, the determination of the three properties of the patent is only preliminary. The purpose of the search is to minimize the blindness of the patent application, increase the certainty of patent authorization and the legal stability after authorization. Another purpose is to facilitate the identification of existing comparative technologies so that it can be updated Accurately draft claims and determine the scope of patent protection.
2. It is necessary to further analyze the technological and economic development trends of competitors and their patent strategies, and check whether this application is in line with the development of our own products and technological economy Strategy and patent strategy.
3. Keep relevant technology confidential and entrust a professional patent agency to represent you.
4. Pay attention to the time when applying for a patent to prevent others from taking advantage of it.
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